New Labor Board Backs Hospital Firing Despite Protected Activity

The National Labor Relations Board reversed an administrative law judge’s decision that a New York hospital used pre-textual reasons to fire an employee for union support.

The NLRB’s Republican members said in an opinion Thursday that St. Anthony Community Hospital met its burden under the Wright Line test to prove it would have terminated radiology technician Andrea Roe regardless of her role in the hospital’s organizing drive.

Wright Line is a 1980 NLRB decision used to determine whether an employer illegally punished workers for protected concerted activities.

The decision partially reverses a June 2022 ruling from Judge Benjamin W. Green ...